Moore v. Buzzetti

—Peters, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondents which found petitioner guilty of violating a prison disciplinary rule.

On September 13, 1996, a correction officer at Elmira Correctional Facility in Chemung County detected a heavy odor of marihuana emanating from the cell where petitioner was keeplocked as the result of a prior disciplinary determination whereby petitioner pleaded guilty to using a controlled substance approximately 12 days earlier. As a result,…